State Bar Council - Structure and Functions
State Bar Council - Structure and Functions
These were established as various councils for various states and union territories present in India. The state
bar councils also act as a representative of the advocates of the respective state. The duties of the State
Councils in each state are also outlined in Section 6 of the Advocates Act of 1961.
The State Bar Council's electoral roll of Advocates is used to elect the members of the Bar Council through a
system of proportional representation using a single transferable vote. Each Bar Council shall have a
Chairman and a Vice Chairman which shall be elected in a manner prescribed.
Section 18 states the power of the State Bar Council to transfer a name from its roll to another State Bar
Council and every such State Bar Council shall send an authenticated copy of advocated prepared by it
for the first time to the Bar Council of India, along with any alterations made to such roll.
3. To determine and entertain the cases of misconduct by advocates admitted on its roll:
Whenever the State Bar Council has a reason to believe or on a receipt of a complaint of any
professional misconduct by an advocate admitted on its roll as an advocate, the State Bar Council refers
the case to the disciplinary committee, as per Section 35 of the Advocates Act, 1961.
4. To safeguard and protect the rights, priviledges and interests of advocates on its roll;
5. To conduct seminars and talks on legal topics by some eminent jurists and publish journals;
6. To manage and invest the funds of the State Bar Council;
7. To organize the elections of its members;
8. To visit and inspect universities and check whether or not they are functioning according to the
directions given under sub-section 7(1)(i);
9. And to perform any other function prescribed by the Advocates Act, 1961.
Apart from it, under section 6(2), the State Bar Councils are also empowered to constitute one or more funds
for the purposes of:
i. To provide financial aid to organize welfare schemes for indigent and disabled advocates;
ii. To provide legal aid;
iii. To establish law libraries.
Section 8 of the Advocates Act, 1961 mentions the term of office of an elected member of a State Bar Council
which is 5 years from the date of publication of the result of election. And whenever any State Bar Council fails
to conduct elections after the expiration of 5 years, the Bar Council of India, extend such term upto 6 months,
by recording its reasons for the same in writing.
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Gadadhar Mohapatra
Very useful & informative
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